| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to peace officer liability for an improper response to a |
|
|
mass casualty event. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 5, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 108A to read as follows: |
|
|
CHAPTER 108A. PUBLIC SERVANT LIABILITY |
|
|
Sec. 108A.001. LIABILITY OF PEACE OFFICER FOR MASS CASUALTY |
|
|
EVENT. (a) A person injured or the estate of a person killed in an |
|
|
event in which five or more individuals are killed may bring an |
|
|
action against a state or local peace officer who: |
|
|
(1) responded to the event during the course of the |
|
|
officer's duties; and |
|
|
(2) failed to comply with standard operating procedure |
|
|
established by the officer's law enforcement agency to quickly end |
|
|
the event. |
|
|
(b) A claimant may recover in an action brought under this |
|
|
section: |
|
|
(1) damages incurred in the event that is the basis for |
|
|
the action; and |
|
|
(2) reasonable attorney's fees and costs incurred in |
|
|
bringing the action. |
|
|
(c) Sections 101.106(f) and 108.002 do not apply to an |
|
|
action brought under this section. |
|
|
(d) A peace officer may not assert official immunity or |
|
|
other forms of immunity as a defense to an action brought under this |
|
|
section. |
|
|
SECTION 2. Section 108A.001, Civil Practice and Remedies |
|
|
Code, as added by this Act, applies only to a cause of action that |
|
|
accrues on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |